Louisiana State Bar Ass'n v. Price

495 So. 2d 1311, 1986 La. LEXIS 7486
CourtSupreme Court of Louisiana
DecidedOctober 20, 1986
Docket84-B-1218
StatusPublished
Cited by5 cases

This text of 495 So. 2d 1311 (Louisiana State Bar Ass'n v. Price) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Louisiana State Bar Ass'n v. Price, 495 So. 2d 1311, 1986 La. LEXIS 7486 (La. 1986).

Opinion

495 So.2d 1311 (1986)

LOUISIANA STATE BAR ASSOCIATION
v.
Roy L. PRICE.

No. 84-B-1218.

Supreme Court of Louisiana.

October 20, 1986.

*1312 Thomas O. Collins, Jr., New Orleans, Cheri Cotogno, Arabi, Gerald F. Thomas, Natchitoches, Roland J. Achee, Shreveport, Robert J. Boudreau, Lake Charles, Robert M. Contois, New Orleans, Frank J. Gremillion, Baton Rouge, Carrick R. Inabnett, Monroe, Harvey Lewis, New Orleans, Alfres S. Landry, New Iberia, Philippi P. St. Pee', Metairie, for relator.

Roy L. Price, Metairie, for respondent.

CALOGERO, Justice.

This attorney discipline matter arose out of the felony conviction of Roy L. Price (a member of the bar of this state since 1951) in the United States District Court for the Eastern District of Louisiana.

On August 9, 1983, after trial, a jury found Price guilty of four related crimes.[1] A sentence of eighteen months confinement on each count with the sentences to run concurrently was imposed. Respondent appealed his conviction to the United States Court of Appeals for the Fifth Circuit, which upheld the conviction for violation of 18 U.S.C. § 2113(b), taking and carrying away with intent to steal or purloin property, money or other thing of value exceeding $100.[2] That court, however, invoked the "concurrent sentence doctrine"[3] to decline review of the convictions *1313 on the other three charges, violations of 18 U.S.C. § 371, 18 U.S.C. § 1014 coupled with 18 U.S.C. § 2, and 18 U.S.C. § 1001, and vacated the sentences on those. United States v. Price, 740 F.2d 966 (table) slip op. at 10 (5th Cir.1984), cert. denied, 469 U.S. 1208, 105 S.Ct. 1173, 84 L.Ed.2d 323 (1985). As a consequence, there is only one felony, not vacated, of which Price stands convicted.

On March 26, 1984, based upon Price's convictions in the United States District Court, the Committee on Professional Responsibility held an Ehmig hearing.[4] Thereafter, on June 26, 1984, the Committee filed a report in this Court contending that the crimes for which Price was convicted were serious crimes which reflected on his moral fitness to practice law. On September 19, 1984, this Court, pursuant to section 8(4) of article XV,[5] issued an order suspending Price from the practice of law. After the conviction for violation of 18 U.S.C. § 2113(b) became final, the Committee filed a Petition for Disciplinary Action. We appointed a Commissioner, who conducted a hearing on February 28, 1986. Respondent appeared at the hearing represented by counsel. The Commissioner recommended to this Court "that it find that the suspension of respondent from the practice of law from September 18, 1984, to date be adequate, and that Price now be restored to the practice of law." The Committee on Professional Responsibility filed a Concurrence to the Report of the Commissioner in which it agreed with the Commissioner's findings of fact, conclusions of law, and recommendation as to discipline. Respondent Price and the Committee submitted the matter without oral argument.

Section 8(7)(d) of article XV sets forth the rule to be followed when a member of the bar has been convicted of a crime and all appeals have been concluded or exhausted. It provides as follows:

At the hearing based upon a respondent's conviction of a crime, the sole issue to be determined shall be whether the crime warrants discipline, and if so, the extent thereof. At the hearing the respondent may offer evidence only of mitigating circumstances not inconsistent with the essential elements of the crime for which he was convicted as determined by the statute defining the crime.

Thus, the sole issue to be determined by this Court in a disciplinary hearing based on conviction of a crime is whether the crime warrants discipline, and if so, the extent thereof. The discipline to be imposed in a particular case depends on the seriousness of the offense, the circumstances of the offense, and the extent of aggravating and mitigating circumstances. Louisiana State Bar Association v. Brumfield, 449 So.2d 1017, 1018 (La.1984); Louisiana State Bar Association v. Paige, 456 So.2d 990, 991-92 (La.1984).

The charges against Price arose out of a series of transactions in 1978, 1979 and 1980 between Price and Commercial Bank *1314 & Trust (CB & T) relative to a real estate development project known as Oakland Estates. To obtain collateral for this venture, Price and two other principals in the project obtained a loan for $300,000 from CB & T. At the same time, Price obtained a personal loan for $100,000 from CB & T. This $100,000 loan was used to purchase a certificate of deposit which was placed as additional security with the prime lender for the Oakland Estates project. As collateral security for the $100,000 loan, Price and his wife executed in favor of CB & T a $100,000 collateral mortgage (with appropriate accompanying notes) on the building which housed his law office. The National Bank of Commerce in Jefferson already held a first mortgage on this same property (hand note with a $41,830 balance, secured by $85,000 collateral mortgage). The property was appraised at $175,000.

On March 7, 1980, A.J. Graffagnino, a co-principal with Price in the real estate development, who was also Chairman of the Board of CB & T, allowed Price to take the $100,000 collateral mortgage note out of the bank simply upon executing a trust receipt.[6] Printed upon the trust receipt was the following:

It is expressly agreed that the delivery of the withdrawn securities is being temporarily made to the undersigned for convenience only, without novation of the original debt, or giving the undersigned any title to the withdrawn securities, and the undersigned is/are given possession thereof solely as trustee/trustees for said Bank, and as such to receive the avails thereof for account of said Bank.
It is further stipulated that the undersigned shall not, under any circumstances whatsoever, use, sell, or repledge the withdrawn securities, or any of them, withdrawn under the terms of this TRUST RECEIPT, nor use, sell or repledge the cash, stocks, bonds or other property, or any part therefor, received thereof, for any purpose than that of paying the indebtedness for the security of which the said withdrawn securities are pledged to said Bank.

At about the same time, Price was negotiating a $100,000 consolidation loan with the National Bank of Commerce in Jefferson (NBC), the bank which held a hand note with a $41,830 balance secured by an $85,000 collateral mortgage note and a first mortgage on the law office. As a condition of making the $100,000 loan, NBC required a corresponding $100,000 first mortgage on the law office building. Price agreed to furnish same. NBC thereupon loaned Price $100,000 on March 14, 1980.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Steinhardt
883 So. 2d 404 (Supreme Court of Louisiana, 2004)
Louisiana State Bar Ass'n v. Perez
550 So. 2d 188 (Supreme Court of Louisiana, 1989)
Louisiana State Bar Ass'n v. Wright
538 So. 2d 279 (Supreme Court of Louisiana, 1989)
Louisiana State Bar Ass'n v. Garraway
520 So. 2d 400 (Supreme Court of Louisiana, 1988)
Louisiana State Bar Ass'n v. Babovich
515 So. 2d 1070 (Supreme Court of Louisiana, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
495 So. 2d 1311, 1986 La. LEXIS 7486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-price-la-1986.